Vidhi Codex

section 3

Act not applicable to certain persons and establishments

The Madhya Pradesh Shops and Establishments Act, 1958
Labour202567 sections
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Statutory text
  1. (1) Nothing in this Act shall apply to—
    • (a) persons occupying positions of management and declared as such under clause
    • (a) of sub-section
  2. (2) of section 6 or employed in a confidential capacity not exceeding ten per cent of the total number of the employees in the establishment or three in number whichever is less;
    • (b) persons whose work is inherently intermittent such as traveller, canvasser, a watchman or a caretaker;
    • (c) persons exclusively engaged in preparatory or complementary work, such as clearing or forwarding clerks, responsible for the despatch of goods by rail or other means of communication and for customs formalities or messengers;
    • (d) persons exclusively employed in the collection, delivery or conveyance of goods;
    • (e) offices of the Union or State Government or of local authorities and of the Reserve Bank of India, the State Bank of India and the Life Insurance Corporation;
    • (f) establishment for the treatment or the care of the sick, infirm, destitute or mentally unfit;
    • (g) bazars, fairs or exhibitions for the sale of works for charitable or other purposes from which no profit is derived;
    • (h) stalls and refreshment rooms at railway stations, or railway dining cars;
    • (j) clubs not being residential clubs; and
    • (k) any other class of establishments or class of persons which the Government may, by notification, exempt from the operation of this Act. Provided that if in the opinion of the State Government the circumstances existing in any particular class of cases hereinbefore mentioned requires that all or any of the provisions of this Act should be extended thereto, the State Government may, by notification, extend to such class of cases all or any of the provisions of this Act and thereupon such provisions shall apply to such class of cases.
  3. (2) The Government may, by notification, direct that any or all of the provisions of this Act shall, subject to such terms and conditions as may be specified in such direction, not apply to such classes of establishments or class of persons as may be specified therein.

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